What This Bill Does
This bill changes federal rules about which tobacco products the Food and Drug Administration (FDA) can regulate. It says the FDA cannot make rules about traditional large and premium cigars, and protects jobs in businesses that sell, make, or distribute these cigars.
Who It Affects
Businesses that manufacture, sell, or distribute traditional large and premium cigars.
The Food and Drug Administration.
Key Provisions
• The FDA cannot apply most tobacco regulations to traditional large and premium cigars (Sec. 2(a)).
• The Secretary of Health and Human Services cannot write rules about traditional large and premium cigars (Sec. 2(a)).
• Traditional large and premium cigars are defined as tobacco rolls that are wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contain no filter or flavor additive, weigh at least 6 pounds per 1,000 count, and either are hand-rolled with a 100-percent leaf tobacco binder or are made in the United States by hand using one machine to bunch, wrap, and cap each cigar (Sec. 2(a)).
What Changes
If this becomes law, the FDA must exclude traditional large and premium cigars from most federal tobacco product regulations it currently enforces or could enforce in the future.
Important Definitions
Traditional large and premium cigar: Any roll of tobacco wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, containing no filter, tip, flavor additive or non-tobacco mouthpiece, weighing at least 6 pounds per 1,000 count, and either hand-rolled with a 100-percent leaf tobacco binder or made in the United States using human hands on one machine to lay, bunch, wrap, and cap each cigar.
I
118TH CONGRESS
1ST SESSION H. R. 1486
To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food
and Drug Administration’s jurisdiction over certain tobacco products,
and to protect jobs and small businesses involved in the sale, manufac-
turing, and distribution of traditional and premium cigars.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2023
Ms. CASTOR of Florida (for herself and Mr. POSEY) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to
clarify the Food and Drug Administration’s jurisdiction
over certain tobacco products, and to protect jobs and
small businesses involved in the sale, manufacturing, and
distribution of traditional and premium cigars.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Traditional Cigar Man-
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ufacturing and Small Business Jobs Preservation Act of
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2023’’.
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SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO
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PREMIUM CIGARS.
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(a) EXCEPTION FOR TRADITIONAL LARGE AND PRE-
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MIUM CIGARS.—Section 901(c) of the Federal Food,
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Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend-
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ed—
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(1) in paragraph (2), in the heading, by insert-
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ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR-
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ITY’’; and
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(2) by adding at the end the following:
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‘‘(3) LIMITATION OF AUTHORITY FOR CERTAIN
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CIGARS.—
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‘‘(A) IN GENERAL.—The provisions of this
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chapter (except for section 907(d)(3)) shall not
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apply to traditional large and premium cigars.
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‘‘(B) RULE OF CONSTRUCTION.—Nothing
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in this chapter shall be construed to grant the
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Secretary authority to promulgate regulations
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on any matter that involves traditional large
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and premium cigars.
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‘‘(C) TRADITIONAL LARGE AND PREMIUM
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CIGAR DEFINED.—For purposes of this para-
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graph, the term ‘traditional large and premium
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cigar’—
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‘‘(i) means any roll of tobacco that is
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wrapped in 100-percent leaf tobacco,
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•HR 1486 IH
bunched with 100-percent tobacco filler,
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contains no filter, tip, flavor additive, or
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non-tobacco mouthpiece, weighs at least 6
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pounds per 1,000 count, and—
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‘‘(I) has a 100-percent leaf to-
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bacco binder and is hand rolled; or
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‘‘(II) has a homogenized tobacco
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leaf binder and is made in the United
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States using human hands to lay the
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100-percent leaf tobacco wrapper onto
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only
one
machine
that
bunches,
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wraps, and caps each individual cigar;
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and
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‘‘(ii) does not include a cigarette (as
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such term is defined by section 900(3)) or
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a little cigar (as such term is defined by
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section 900(11)).’’.
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(b) CONFORMING AMENDMENTS.—Section 919(b) of
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the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
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387s(b)) is amended—
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(1) in paragraph (2)(B)(i)(II), by inserting ‘‘,
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but excluding traditional large and premium cigars
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(as such term is defined under section 901(c)(3))’’
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before the period; and
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(2) in paragraph (5), by inserting ‘‘subject to
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section 901(c)(3),’’ before ‘‘if a user fee’’.
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Æ
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